What This Bill Does
The Smarter Sentencing Act of 2023 reduces mandatory minimum sentences for certain federal drug offenses. The bill lowers prison time requirements for people convicted of drug trafficking and importing drugs illegally. It also requires the government to report on federal criminal laws and make that information publicly available.
Who It Affects
People convicted of federal drug crimes, particularly those whose role was limited to transporting or storing drugs or money. Federal judges sentencing people for drug offenses. The U.S. Sentencing Commission. The Attorney General. Multiple federal agencies including the Department of Agriculture, Department of Commerce, Department of Energy, Department of Health and Human Services, Department of Homeland Security, Environmental Protection Agency, and others.
Key Provisions
• The bill creates a new legal definition of "courier" meaning a defendant whose only role in a drug offense was transporting or storing drugs or money (Sec. 2a).
• For certain drug trafficking offenses, minimum prison sentences are reduced from 10 years to 5 years for first offenses and from 15 years to 10 years for repeat offenders (Sec. 2a).
• For importing drugs illegally, couriers face a minimum of 5 years in prison instead of higher sentences, and 10 years if they have a prior serious drug conviction (Sec. 2b).
• The new lower sentences apply to all cases sentenced after the law passes, even if the crime happened before the law passed (Sec. 2c).
• People already convicted under the old sentencing rules can ask a judge to reduce their sentence (Sec. 2c).
• The Attorney General must report within 6 months on how money saved from lower prison costs will be spent on law enforcement and crime prevention (Sec. 4).
• The Attorney General and federal agencies must create publicly searchable lists of all federal criminal offenses and regulations within 2 years (Sec. 5d).
What Changes
Federal judges will impose lower mandatory minimum prison sentences for drug trafficking and drug importing cases going forward. People convicted and sentenced before this law passes can petition their judge to receive a lower sentence. The government will compile and publish online a complete list of all federal criminal laws and regulations with criminal penalties.
Important Definitions
"Courier" means a defendant whose role in a drug offense was limited to transporting or storing drugs or money (Sec. 2a).
"Covered offense" means a violation of federal criminal law whose penalties were changed by this bill (Sec. 2c).
"Criminal regulatory offense" means a federal regulation that can be punished with a criminal penalty (Sec. 5a).
"Criminal statutory offense" means a criminal offense under a federal law (Sec. 5a).
II
118TH CONGRESS
1ST SESSION
S. 1152
To focus limited Federal resources on the most serious offenders.
IN THE SENATE OF THE UNITED STATES
MARCH 30, 2023
Mr. DURBIN (for himself, Mr. LEE, Mr. WHITEHOUSE, Mr. BLUMENTHAL,
Mr. BOOKER, Ms. WARREN, Mr. SANDERS, Mr. KING, Mr. KAINE, Mr.
WICKER, and Mr. MARKEY) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
A BILL
To focus limited Federal resources on the most serious
offenders.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Smarter Sentencing
4
Act of 2023’’.
5
SEC. 2. SENTENCING MODIFICATIONS FOR CERTAIN DRUG
6
OFFENSES.
7
(a) CONTROLLED
SUBSTANCES
ACT.—The Con-
8
trolled Substances Act (21 U.S.C. 801 et seq.) is amend-
9
ed—
10
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•S 1152 IS
(1) in section 102 (21 U.S.C. 802)—
1
(A) by redesignating paragraph (58) as
2
paragraph (59);
3
(B) by redesignating the second paragraph
4
(57) (relating to ‘‘serious drug felony’’) as
5
paragraph (58); and
6
(C) by adding at the end the following:
7
‘‘(60) The term ‘courier’ means a defendant
8
whose role in the offense was limited to transporting
9
or storing drugs or money.’’; and
10
(2)
in
section
401(b)(1)
(21
U.S.C.
11
841(b)(1))—
12
(A) in subparagraph (A), in the flush text
13
following clause (viii)—
14
(i) by striking ‘‘10 years or more’’
15
and inserting ‘‘5 years or more’’; and
16
(ii) by striking ‘‘15 years’’ and insert-
17
ing ‘‘10 years’’; and
18
(B) in subparagraph (B), in the flush text
19
following clause (viii)—
20
(i) by striking ‘‘5 years’’ and inserting
21
‘‘2 years’’; and
22
(ii) by striking ‘‘not be less than 10
23
years’’ and inserting ‘‘not be less than 5
24
years’’.
25
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•S 1152 IS
(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT
1
ACT.—Section 1010(b) of the Controlled Substances Im-
2
port and Export Act (21 U.S.C. 960(b)) is amended—
3
(1) in paragraph (1), in the flush text following
4
subparagraph (H)—
5
(A) by inserting ‘‘, other than a person
6
who is a courier,’’ after ‘‘such violation’’;
7
(B) by striking ‘‘person commits’’ and in-
8
serting ‘‘person, other than a courier, com-
9
mits’’; and
10
(C) by inserting ‘‘If a person who is a cou-
11
rier commits such a violation, the person shall
12
be sentenced to a term of imprisonment of not
13
less than 5 years and not more than life. If a
14
person who is a courier commits such a viola-
15
tion after a prior conviction for a serious drug
16
felony or serious violent felony has become
17
final, the person shall be sentenced to a term
18
of imprisonment of not less than 10 years and
19
not more than life.’’ before ‘‘Notwithstanding
20
section 3583’’; and
21
(2) in paragraph (2), in the flush text following
22
subparagraph (H)—
23
(A) by inserting ‘‘, other than a person
24
who is a courier,’’ after ‘‘such violation’’;
25
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•S 1152 IS
(B) by striking ‘‘person commits’’ and in-
1
serting ‘‘person, other than a courier, com-
2
mits’’; and
3
(C) by inserting ‘‘If a person who is a cou-
4
rier commits such a violation, the person shall
5
be sentenced to a term of imprisonment of not
6
less than 2 years and not more than life. If a
7
person who is a courier commits such a viola-
8
tion after a prior conviction for a serious drug
9
felony or serious violent felony has become
10
final, the person shall be sentenced to a term
11
of imprisonment of not less than 5 years and
12
not more than life.’’ before ‘‘Notwithstanding
13
section 3583’’.
14
(c) APPLICABILITY TO PENDING AND PAST CASES.—
15
(1) DEFINITION.—In this subsection, the term
16
‘‘covered offense’’ means a violation of a Federal
17
criminal statute, the statutory penalties for which
18
were modified by this section.
19
(2) PENDING
CASES.—This section, and the
20
amendments made by this section, shall apply to any
21
sentence imposed after the date of enactment of this
22
Act, regardless of when the offense was committed.
23
(3) PAST CASES.—In the case of a defendant
24
who, before the date of enactment of this Act, was
25
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•S 1152 IS
convicted or sentenced for a covered offense, the sen-
1
tencing court may, on motion of the defendant, the
2
Bureau of Prisons, the attorney for the Government,
3
or on its own motion, impose a reduced sentence
4
after considering the factors set forth in section
5
3553(a) of title 18, United States Code.
6
SEC. 3. DIRECTIVE TO THE SENTENCING COMMISSION.
7
(a) DIRECTIVE TO SENTENCING COMMISSION.—Pur-
8
suant to its authority under section 994(p) of title 28,
9
United States Code, and in accordance with this section,
10
the United States Sentencing Commission shall review and
11
amend, if appropriate, its guidelines and its policy state-
12
ments applicable to persons convicted of an offense under
13
section 401 of the Controlled Substances Act (21 U.S.C.
14
841) or section 1010 of the Controlled Substances Import
15
and Export Act (21 U.S.C. 960) to ensure that the guide-
16
lines and policy statements are consistent with the amend-
17
ments made by section 2 of this Act.
18
(b) CONSIDERATIONS.—In carrying out this section,
19
the United States Sentencing Commission shall con-
20
sider—
21
(1) the mandate of the United States Sen-
22
tencing Commission, under section 994(g) of title
23
28, United States Code, to formulate the sentencing
24
guidelines in such a way as to ‘‘minimize the likeli-
25
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•S 1152 IS
hood that the Federal prison population will exceed
1
the capacity of the Federal prisons’’;
2
(2) the findings and conclusions of the United
3
States Sentencing Commission in its October 2011
4
report to Congress entitled, Mandatory Minimum
5
Penalties in the Federal Criminal Justice System;
6
(3) the fiscal implications of any amendments
7
or revisions to the sentencing guidelines or policy
8
statements made by the United States Sentencing
9
Commission;
10
(4) the relevant public safety concerns involved
11
in the considerations before the United States Sen-
12
tencing Commission;
13
(5) the intent of Congress that penalties for
14
violent, repeat, and serious drug traffickers who
15
present public safety risks remain appropriately se-
16
vere; and
17
(6) the need to reduce and prevent racial dis-
18
parities in Federal sentencing.
19
(c) EMERGENCY AUTHORITY.—The United States
20
Sentencing Commission shall—
21
(1) promulgate the guidelines, policy state-
22
ments, or amendments provided for in this Act as
23
soon as practicable, and in any event not later than
24
120 days after the date of enactment of this Act, in
25
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•S 1152 IS
accordance with the procedure set forth in section
1
21(a) of the Sentencing Act of 1987 (28 U.S.C. 994
2
note), as though the authority under that Act had
3
not expired; and
4
(2) pursuant to the emergency authority pro-
5
vided under paragraph (1), make such conforming
6
amendments to the Federal sentencing guidelines as
7
the Commission determines necessary to achieve
8
consistency with other guideline provisions and ap-
9
plicable law.
10
SEC. 4. REPORT BY ATTORNEY GENERAL.
11
Not later than 6 months after the date of enactment
12
of this Act, the Attorney General shall submit to the Com-
13
mittee on the Judiciary of the Senate and the Committee
14
on the Judiciary of the House of Representatives a report
15
outlining how the reduced expenditures on Federal correc-
16
tions and the cost savings resulting from this Act will be
17
used to help reduce overcrowding in the Federal Bureau
18
of Prisons, help increase proper investment in law enforce-
19
ment and crime prevention, and help reduce criminal re-
20
cidivism, thereby increasing the effectiveness of Federal
21
criminal justice spending.
22
SEC. 5. REPORT ON FEDERAL CRIMINAL OFFENSES.
23
(a) DEFINITIONS.—In this section—
24
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•S 1152 IS
(1) the term ‘‘criminal regulatory offense’’
1
means a Federal regulation that is enforceable by a
2
criminal penalty; and
3
(2) the term ‘‘criminal statutory offense’’
4
means a criminal offense under a Federal statute.
5
(b) REPORT ON CRIMINAL STATUTORY OFFENSES.—
6
Not later than 1 year after the date of enactment of this
7
Act, the Attorney General shall submit to the Committee
8
on the Judiciary of the Senate and the Committee on the
9
Judiciary of the House of Representatives a report, which
10
shall include—
11
(1) a list of all criminal statutory offenses, in-
12
cluding a list of the elements for each criminal stat-
13
utory offense; and
14
(2) for each criminal statutory offense listed
15
under paragraph (1)—
16
(A) the potential criminal penalty for the
17
criminal statutory offense;
18
(B) the number of prosecutions for the
19
criminal statutory offense brought by the De-
20
partment of Justice each year for the 15-year
21
period preceding the date of enactment of this
22
Act; and
23
(C) the mens rea requirement for the
24
criminal statutory offense.
25
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•S 1152 IS
(c) REPORT
ON
CRIMINAL
REGULATORY
OF-
1
FENSES.—
2
(1) REPORTS.—Not later than 1 year after the
3
date of enactment of this Act, the head of each Fed-
4
eral agency described in paragraph (2) shall submit
5
to the Committee on the Judiciary of the Senate and
6
the Committee on the Judiciary of the House of
7
Representatives a report, which shall include—
8
(A) a list of all criminal regulatory of-
9
fenses enforceable by the agency; and
10
(B) for each criminal regulatory offense
11
listed under subparagraph (A)—
12
(i) the potential criminal penalty for a
13
violation of the criminal regulatory offense;
14
(ii) the number of violations of the
15
criminal regulatory offense referred to the
16
Department of Justice for prosecution in
17
each of the years during the 15-year period
18
preceding the date of enactment of this
19
Act; and
20
(iii) the mens rea requirement for the
21
criminal regulatory offense.
22
(2) AGENCIES DESCRIBED.—The Federal agen-
23
cies described in this paragraph are the Department
24
of Agriculture, the Department of Commerce, the
25
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•S 1152 IS
Department of Education, the Department of En-
1
ergy, the Department of Health and Human Serv-
2
ices, the Department of Homeland Security, the De-
3
partment of Housing and Urban Development, the
4
Department of the Interior, the Department of
5
Labor, the Department of Transportation, the De-
6
partment of the Treasury, the Commodity Futures
7
Trading Commission, the Consumer Product Safety
8
Commission, the Equal Employment Opportunity
9
Commission, the Export-Import Bank of the United
10
States, the Farm Credit Administration, the Federal
11
Communications Commission, the Federal Deposit
12
Insurance Corporation, the Federal Election Com-
13
mission, the Federal Labor Relations Authority, the
14
Federal Maritime Commission, the Federal Mine
15
Safety and Health Review Commission, the Federal
16
Trade Commission, the National Labor Relations
17
Board, the National Transportation Safety Board,
18
the Nuclear Regulatory Commission, the Occupa-
19
tional Safety and Health Review Commission, the
20
Office of Congressional Workplace Rights, the Postal
21
Regulatory Commission, the Securities and Ex-
22
change Commission, the Securities Investor Protec-
23
tion Corporation, the Environmental Protection
24
Agency, the Small Business Administration, the
25
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•S 1152 IS
Federal Housing Finance Agency, and the Office of
1
Government Ethics.
2
(d) INDEX.—Not later than 2 years after the date
3
of enactment of this Act—
4
(1) the Attorney General shall establish a pub-
5
licly accessible index of each criminal statutory of-
6
fense listed in the report required under subsection
7
(b) and make the index available and freely acces-
8
sible on the website of the Department of Justice;
9
and
10
(2) the head of each agency described in sub-
11
section (c)(2) shall establish a publicly accessible
12
index of each criminal regulatory offense listed in
13
the report required under subsection (c)(1) and
14
make the index available and freely accessible on the
15
website of the agency.
16
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
17
tion shall be construed to require or authorize appropria-
18
tions.
19
Æ
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